HomeMy WebLinkAboutPermit Correspondence 5-7-1
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DEVELOPMENT AGREEMENT
SITE PLAN
225 FIFTH STREE7
SPRINGFIELD. OR 9747;
,(541) 726-375:;
FAX (541) 726-368~
, wwwci.springfield,or.uE.
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This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this
---1..1L day bf ,Iulv ',2005 (the "Effective Date") by and between the CITY
OF SPRINGFIErD:hZreinafter "City" and GGP-GAn:..wAY ~A&.L. L.l.. C.
hereinafter" applicant," in accordance with Section 31.090 and Sections 3.070(3),
3.808(3), 3.090(3) and 3.100(3).
RECIT ALS
WHEREAS, on the 24th day of June, the City approve,d the Final Site Plan
Application submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2005-0003.5 Type 'II Site Plan Modification
Application requesting approval of Kohl's Department Store with 1 building, parking
and landscaping. The property is located at Gateway Mall (Assessor's Map 17-03-2,
Tax Lot 2200). The property is zoned CommunityCommercial (CC).
WHEREAS, in consideration for Type II Site Plan approval. the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 31.090, Applicant agrees to comply with all
of the standards in the Springfield Development Cooe and the Springfield Municipal
Code which may be applicable to this development project unless modified or
excepted by the Site Plan Modification Development Agreement, Development
Services Director, Planning Commission, Building. Official or their agents, or the Fire
Marshall, which modifications or exceptions shall be reduced to writing.
WHEREAS, il'l consideration fprSite Plan approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 31 .090, Applicant agrees to comply with the following
specific conditions'imposed by the City as part of the Site Plan approval:
1. All improvements must, be constructedlinstalled as shown on the Final Site Plan
and approved public improvement and construction plans prior to the final building
inspection.
2. All conditions of site plan approval must be met, including no outside storage,
sales, exhibits, displays or any other temporary or permanent activities that use any
parking spaces within the area approved on the original site plan for Gateway Mall
(Jo. No. 88-03-35) during and after construction.
THEREFORE IN CONSIDERATION OFTHE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, Cl:ry AND APPLICANT AGREE
AS FOLLOWS:
Development Agreement - Kohl's Department Store
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1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in
accordance with SectIon 31.080 of the Springfield Develop'ment Code.
. 2. STANDARDS. The Applic'ant agrees to fulfill all applicable standards
specified in the Springfield Development Code and the specific standards listed in
the RECITALS prior to the occupancy, uri/esscertain conditions have been deferred
to a later date in accordance with Section 31.110 of the Springfield Development
Code.
3. CONDITIONS. The Applicant ,agrees to fulfill all specific conditions of
approval required by the City listed in the RECITALS prior to Occupancy, unless
certain conditions have been deferred to a later date in accordance with Section
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31.110 of the Springfield Development Code.
4. MODIFICATIONS. The Applic'ant agrees not to modify the approved Final
Site Plan without first notifying the City. Modifications to the Final Site Plan shall be
. reviewed in accordance with Section 31.100 of the Springfield Development Code.
5. MAINTAINING THE USE. The Applicant agrees to the following:
)
a. The buildings and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue
use.
b. It shall be the continuing obligation of the property owner to
maintain the planting required by Section 31.140 of the Springfield
Development Code in an attractive manner free of weeds and other
invading vegetation.
c. Parking lotsshail be maintained by the property owner or te'nant in
. a condition free of litter or dust" and deteriorated pavement conditions
sh.all be improved to maintain conformance with these standards. .
6. In addition to al/ other remedies which may be provided by law or equity
(including but not limited to penalties provided by applicable State Law or City.
Ordinances), Applicant agrees the City may enforce Applicant's responsibilities by
withholding Applicant's Final Occupancy Permit and terminating any Temporary
"Occupancy Permit which may have been granted.
7. Any Final Site Plan approved becomes null and void if construction does
not commence within two years of the date of the agreement.
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IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of
the date first herein above written.
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4 8. Notwithstanding anything to the contrary in this Agreement, the Applicant snail in no
way be obligated to construct the buildings and improvements shown on the Final Site Plan;
provided that in the event the buildings and improvements contemplated by this Agreement and
. the Final Site Plan are not constr.ucted, the Applicant shall restore the property to its condition
prior to the commencement of the project contemplated hereby. "
Development Agreement - KoW's Department Store
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APPLICANT
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GGP-GATEWAY MALL L.LC., a Delaware limited liability company
By: GGPLP L.L.c., a Delaware limited liability company,
, a member
By: GGP LIMITED PARTNERSHIP, a Delaware limited
partnership, its managing member
COUNTY OF COOK
By: GENERAL GROWTH PROPERTIES, INC., a
Delawar ration, its general partner
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STATE OF ILLINOIS
June 30" 2005. Personally appeared the above named
'~vlc-v~1 L. Ge.v vi. " who acknowledged the foregoing instrument to be
their voluntary act. Before me: . .,;J.. ". 1. ' _ / ;J
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~FFICIAl SEAL "" ,
LE:EE C TORNABENI ,,- Notary Public
NOTARY PUBliC, STATE OF ILLINOIS
MY C;OMMlS$fON !l~I"'~~S; 1,1 iQ$tQJ;
~ CITY
By: dtt~~~
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7-1-;~
Date
(,.;~:;,:>~~;",~>-- - -- ';~61~: ;EAL ' , t
/( ~;'" BRE~'lDAJONES I
;,1~ 'i\,l ) NOTARY PUBLIC - OREGON -I
.~( ':", ,---- COMMISSION NO, 379218 I
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STATE OF OREGON, County of
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( ~, , 2005. Personally appeared the above named
',' H lid4- Pauly , who acknowledged the foregoing
instrument to be hiS/her voluntary act. Before me:
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, Nbtary Public ~ Oregon
My Commission expires ~I ')/JO g